Karnataka High Court
Chandrakant And Ors vs The State Of Karnataka And Ors on 2 February, 2022
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION No.201694/2021 (GM-CC)
BETWEEN:
1. CHANDRAKANT S/O SHIVANNA KOLI,
AGE: 49 YEARS, OCC: AGRICULTURE
R/O JALANAGAR LIG 105,
BAGALAKOT ROAD,
TQ. AND DIST. VIJAYAPURA
2. DARSHAN S/O CHANDRAKANT KOLI
AGE: 17 YEARS, OCC: STUDENT,
R/O JALANAGAR LIG 105,
BAGALAKOT ROAD,
TQ. AND DIST. VIJAYAPURA.
3. SHREYA D/O CHANDRAKANT KOLI
AGE: 14 YEARS, OCC: STUDENT,
R/O JALANAGAR LIG 105,
BAGALAKOT ROAD,
TQ. AND DIST. VIJAYAPURA.
(PETITIONER NOS.2 AND 3 ARE MINOR
UNDER GUARDIAN OF FATHER PETITIONER NO.1)
... PETITIONERS
(BY SMT. HEMA L. KULKARNI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING, BANGALORE-560001.
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2. THE STATE OF KARNATAKA
THROUGH UNDER SECRETARY-2
SOCIAL WELFARE DEPARTMENT
VIKASA SOUDHA, BANGALORE-01
3. THE TAHSILDAR VIJAYAPURA
TQ. & DIST. VIJAYAPURA-586101.
4. THE REVENUE INSPECTOR
TQ. AND DIST. VIJAYAPURA-586101
... RESPONDENTS
(BY SRI C. JAGADISH, SPECIAL COUNSEL FOR R2 TO R4;
NOTICE TO R1 DISPENSED WITH V/O DATED
23.09.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED CIRCULAR VIDE NO.¸ÀPE
À 23 J¸ïJr 2009 DATED
06.06.2020 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-C
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Though this writ petition is listed for Preliminary Hearing, by the consent of the parties, it is taken up for final disposal.
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2. Heard Smt. Hema L. Kulkarni, learned counsel for the petitioners and Sri C. Jagadish, learned Special Counsel appearing for respondents-State.
3. Petitioners have challenged the Circular dated 06.06.2020 issued by respondent No.2 (Annexure-C) stating that respondent No.2, while issuing impugned Circular at Annexure-C, interpreted the amendment to the Constitution at Annexure-A by saying that the benefits of the Scheduled Tribes may be extended to Naikda, Nayaka, Cholival Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka, Naik, Nayak, Beda, Bedar, Valmiki and Talawara and Parivara of same caste. However, amendment to the Constitution (Scheduled Tribes) Order 1950, has added Parivara and Talawara in Column No.38 along with Naik Naikda. In that view of the matter, the petitioners have submitted that injustice has been caused to the petitioners who belong to Talawara community.
4. Sri C. Jagadish, learned Special Counsel appearing for respondents-State contended that there is 4 no impediment for accepting Talawara as a caste in the Scheduled Tribes. He also submits that new Circular has been issued by the Government on 29.01.2022 extending the benefit to the Talawara community also. However, he contended that the case of the petitioners has to be considered in the light of the judgment of the Hon'ble Apex Court in the case of Kumari Madhuri Patil and another vs. Addl., Commissioner, Tribal Development and others reported in AIR 1995 SC 94.
5. Refuting the contention of the learned counsel for the respondents, learned counsel for the petitioners submitted that the petitioners have already been declared as they belong to Talawara community and therefore, there is no necessity to redo the said exercise by the authorities. Accordingly, she submitted that the writ petition be allowed.
6. In the light of the submissions made by the learned counsel appearing for the parties and on perusal of 5 the writ papers, the same would indicate that the petitioners belong to Talawara community and are entitled for the benefits in terms of the Karnataka SC/ST & Other BC (Reservation of Appointments, etc.) Act, 1990. In addition to this, as rightly contended by Sri C.Jagadish learned Special Counsel for the respondents, Circular dated 29.01.2022 is issued by the Government amending The Constitution (Scheduled Tribes) Order (Amendment) Act, 2020, wherein Talawara community is also included in the said Amendment Act, 2020.
7. In that view of the matter, writ petition is disposed of. Petitioners are also entitled for the benefit as is mentioned in Circular No.SWD 180 SAD 2020(P) dated 29.01.2022. Though the learned counsel for the petitioners submitted that the petitioners have already been declared as they belong to Talawara Community, it is open for the respondent-State to consider the case of the petitioners in the light of the judgment of the Hon'ble Apex Court in Kumari Madhuri Patil's case supra. In view of 6 new Circular dated 29.01.2022, the impugned endorsements issued by the second respondent is quashed and as such, respondent No.3/Tahsildar shall issue caste certificate in favour of the petitioners in accordance with law and in the light of the observations made above.
Ordered accordingly.
Sd/-
JUDGE NB*